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Louisiana passes bill banning protests near residences – Louisiana Illuminator

In another move that could run afoul of the First Amendment, the Louisiana Legislature on Wednesday approved a bill banning protests, demonstrations or any other gathering within 50 feet of anyone's home — even on a public street – if it threatens to disrupt a person's use of their home.

House Bill 737sponsored by Rep. Kellee Hennessy Dickerson, R-Denham Springs, received final passage in a 72-14 House vote of approval over a Senate amendment that narrowed the proposal.

The measure prohibits anyone from petitioning, picketing or assembling within 50 feet of a home in a manner that interferes with or “threatens to disrupt” a person's right to control or use his home. This could apply to gatherings as small as two people.

The bill does not specify whether the person living in the residence would have to file a complaint or whether police could simply enforce the law based on their own belief that a gathering threatens to disrupt a neighboring residence.

Anyone violating this provision could be fined up to $500 per day.

Lawmakers held Wednesday's vote without discussing the measure. Most of the debate took place during an earlier vote in April in which Dickerson, a freshman lawmaker and former television news anchor, I had trouble seeing no problem with what was then a much larger bill.

Louisiana May Ban Protests Near Residences, Despite First Amendment Concerns

At that time, Dickerson told his colleagues that the law would only apply to protests directed at a person in a way that made them feel unsafe or uncomfortable, but the wording of his bill did not had none of these limitations. Instead, the language would have prohibited any gathering that interfered with an individual's right to “enjoy his or her residence,” leaving that phrase open to interpretation.

The original version of the legislation also did not include proximity limitations and would apply to any gathering “near” someone’s home. The Senate amended it to apply only to protests within 50 feet of a residence.

Dickerson's bill is the latest among several bills passed this year by the Legislature regarding First Amendment rights. On Wednesday, lawmakers passed Parliamentary Bill 383 to immunize motorists from prosecution if they run over or kill protesters because they feel threatened.

The same day, Governor Jeff Landry signed Parliamentary Bill 173 into law, making it a crime to approach within 25 feet of a police officer when ordered. On Tuesday, lawmakers approved Parliamentary Bill 127 establish harsher penalties for anyone organize an event this ends up disrupting traffic.

Dickerson's bill will go to the governor for executive approval. Landry signed a similar law and has long criticized political protests, even peaceful ones. He also called for tough sanctions against protesters, with the exception of those involved in the violent January 6, 2021 attack on the U.S. Capitol.

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